LAWS(BOM)-2008-7-223

RAMESH BABULAL SHAH Vs. BASHIR GULAM BAGWAN

Decided On July 09, 2008
RAMESH BABULAL SHAH Appellant
V/S
BASHIR GULAM BAGWAN Respondents

JUDGEMENT

(1.) THIS an application for leave to file appeal against the order of acquittal under Section 138 of the Negotiable Instruments Act. One of the ground of appeal is that there was no legally enforceable liability as the period of three years was already lapsed after grant of the alleged loan when the cheque was issued. It was a complainant's case that the loan was given on 29.10.1999, whereas the cheque was issued on 12.2.2003.

(2.) IN this view of the matter, leave refused. Consequently the appeal papers to be filed.